New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-04-29
THE CLOSE OF THE RAG SUIT
MIR. CocKRANs SPEECH MAINLY ABUSE.
THE JUDGES cHARaE-LoCKING UP THE JURY FOR
TIE NIGHT.


TIE NIGHT
Tho sumnine ND In the rag dsinfecting case In
which Health Officer Smith lie one OF the defendants
began yesterday morning. As it has been prinoipany
a political case, of the leading Democratic poll
ticans of this city being the counsel on one sde
interest has been excited NIL the way through and
there has been large attendance ut all the sessions
of the court Yesterday there was hardly standing
room within the doors and among those present. coud
be scen many ward politicians and others VINO are
an xous for the Governor of the State to take this
casion TO remove the Health Officer of the Port from
his position and appoint In his stead o Democrat.
Mr. Goodrich for the defence began his address to
the Jury ut few minutes after III q. IN. and did not
close until after 2 D. m. Previous to this he made
n motion for nonsuit on the ground that the PLAIN
tits had presented their evidence to prove that there
was a conspiracy, but they had failedd to do IT,
Justice Inprabam in denying the motion said that
he understood that suit vas Tor damages and II the
actions OF either defendant conduced to such result,
there was clear for decision by the jury. ME-.
Goodrich's address was excellent one. He reviewed
carefully aud Mt times eoquently the testimony tha1
had been given to show that DR.. Smith was not a
party to any conspiracy to detraud any one OF the
INGREDIENTS or this city by compelling them to nave
their mportations OF rags passed through sLeciai
derive some pecunary benefit. The testimony OF the
witness tor the plaintiff, 5. Webber Parker, sho wea
that be Doctor had nothing whatever 10 90 WIN tue
mads with 1t. He spok OF the seven years that MI
Smith had been Health Officer OF this port an1 the
fac, that until this time charge had been made
against him that any official act was not strictiy
honorable and honest in every respect =.
Mr.. Cochran in making his speech contented nimseH
with heapnQ volumes OF abuse upon the defendants
and their counsel referring to DIR. Smith as crawl
ing thing" aud Mr.. Bartlett as bold, bad man"
His address also lasted abont two nours during wheh
DR. Smith and Mr. Bartlett sat with calm and conii-
dent expression their faces, while Mr.. McChntocks
face passed through the various shades OF RED. -,
Justice Ingraham delivered u brief charge 10 the
iury. Ile said that far rs MIR. Bartlett was CON
cerned there was a clear case OF damages ioi tue
nlointih for no officer of the Government had the
right to send goods to third party tor any purpose
whatever for that third party to hold for oharges
that he might have against them and he instructed
the ury to bring verdict for at least the amount OF
the cost of disiniecton about 5000 with interest,"
II they saw At. As regards DIR. Smith, the Jury must
decide that there a clear case of conspiracy TO
hold him responsible in any for the law does not
hold IN officer of the Government responsible Tor
any of cll acts coming within his Jurisdiction wben
no WAS honestly performing what was consioercu ny
him TO be his duty The counsel for the defence TOOK
about fifty exceptions to the judges charge some Oh
which were denied. The tury retired at o;lo CLOCK
The Jury sent Justice Ingraham at = O'Clock, Dnt
he did not get 70 the court until alter O'CLOCK
They wanted further instructions IA to the amount OF
dam,pes which were to be considered, whether they
should take into account alleged deterioration In
the value OF rags between tho time when they were
seized bv the Government authorities and when
finally delivered by f. b. Bartlett CO., to the plain
tif, Lockwood & McClntock. The Judge instructed
them that it was in their power to bring sueh addi-
tiona damages and the jury etired TOR further deoer
atoms But at midnight they were locked up Tor the
uirht.